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Officer Andrew Kelly at his arraignment.
Asked about rumors that cops at the scene gave Kelly gum for his breath and water to help him flush out the booze, Aidala told the Times, "There's an allegation that someone gave him water? Anyone who knows anything about blood-alcohol levels knows that unless you drink five or six gallons of water, having a half bottle of Poland Spring is not gong to do anything for blood-alcohol level." The NYPD's Internal Affairs Bureau is conducting an investigation into the first responders.
The News is also reporting that when a warrant for the blood test was finally faxed to the 78th Precinct, it took almost an hour for police to leave the station house with Kelly. Valnord's family was outraged yesterday to learn of Kelly's score on the blood test, and her inconsolable mother blasted the other passengers in Kelly's SUV (one of them an off-duty cop) who left the scene: "They left here like she was garbage. These men were supposed to help and they all ran away like cowards." As for Kelly, Valnord's mother said, "I want Andrew to go to jail forever. All the blood from my daughter is on Andrew Kelly's hands, and he needs to get ready for Judgment Day."
Thanks to Vasean's Law, named for an 11-year-old boy who was killed by a drunken driver five years ago, Kelly is facing an automatic felony charge. Vasean's mother tells the News, "The man that killed my son spent just 38 days in jail. At least this man is facing three to seven years thanks to Vasean's Law. It's still not equal to taking a life, but at least it's a felony now." But David Hanson, a SUNY Potsdam professor who specializes in alcohol studies, tells the Post, "I just think the prosecution has a very, very weak case here."
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*cough* bullshit.
I second that
3rd!!
Even if Kelly was not drunk (which I doubt) he still KILLED someone.
And yet, thanks to AAA, killing a pedestrian is not in itself a crime. If someone is crossing in the walk with the signal, and a car makes a turn on the green light and kills them, they are charged only with failure to yield. Since Ms. Valnord was not in a crosswalk there would be no charges unless the officer could be proven to be drunk.
Stop giving money to AAA.
No, if your failure to obey traffic law results in a homicide, you will probably be charged with negligent homicide or manslaughter. If it is determined that the driver was not at fault in the homicide (if, for example, a pedestrian stepped out from between cars and there was insufficient time to brake), no charges or lesser charges will be filed. I didn't know that AAA had any influence in designing laws related to vehicular homicides, but I will look into that. But what alternative do you recommend? That any driver who happens to accidentally kill a pedestrian be thrown into lockup regardless of circumstance?
Please do look into it. AAA is a large lobbying organization, not just the guys who rescue you when you break down on the side of the highway.
Please also look into the large number of cases where pedestrians are killed in the situation I describe above and no charges are filed, or the only charge is failure to yield.
The rationale is that if you hit someone while turning into a crosswalk, both the driver and pedestrian both have right of way.
Life is cheap. Cars are expensive. AAA wants insurance rates brought down.
The NYPD's rules when it comes to off-duty cops are pretty clear: Don't get drunk.
The department requires that officers be "fit for duty at all times" and that members of the force do not "consume [alcohol] to the extent that members become unfit for duty" - even if they're off the clock.
I am shocked, shocked, that there is off duty drinking (and driving) going on here.
With great power comes great responsibility.
thanks, Mohinder.
some pig
That's funny because I know many cops. NYPD and upstate. They all drive drunk and don't enforce. They only enforce the law if there's a wreck. When they are off duty they are above the law still.
Gee. It's great that the guy who RAN OVER THE WOMAN tried to get her breathing. Should we give him a medal or something? It's his fault that she's dead, and the fact that he tried to fix his mess doesn't mitigate his actions. I can't believe that lawyer even made that statement. If anything, it makes me angrier.
I believe there is a presumption of intoxication if you avoid or refuse to take the test at the time of the accident. So I'm not sure why that isn't applying here.
Fuck you very much Officer Kelly and your lawyer. Even on the absurdly slim possibility he wasn't drunk, he still killed an innocent person. Fuck the scum police that took an hour to leave the station house to take him to the hospital for a blood test too. He's sad? Oh gee, my heart just warms to him.
and lets NOT forget the scum police who told the other druk cop in the car with him to hurry up & get out of there so he too didn't get in trouble. Bunch of BS
I feel sick for that poor woman's family. I know lawyers have a job to do, but the manner in which Aidala has conducted himself is completely unnecessary and must be devastating to Valnord's survivors. He's not even worth the feces involved if one was to shit upon him.
Now those are some legal balls. "He almost saved her life! You know, after he ran her down like a dog and stuff."
The way Officer Kelly could have "saved" Vionique Valnord was by not driving that night. The guy's a scumbag but his NYPD brothers have made sure he'll get away with murder.
Still no evidence he was drunk.
Oh yeah? If he wasn't drunk, then why did he refuse the breathalizer test?
Anyway, he was seen in the bar consuming 6-8 beers before the accident and witnesses at the scene said that his eyes were red and he was slurring his words.
8 hours... plenty of time to drink five or six gallons of water
what a shitty lawyer. he almost saved the victim that he killed?
if it weren't for him she wouldn't be a victim.
#6 More like pickled pig. I would love to hear from emperor Mike on his beloved force, they serve and protect each other.
Sadly, in the end he will end up walking. Might lose his NYPD job, but jail time won't be in the equation.
We all know what he did, but the vagarities of the law and technicalities will let him off.
Sad.
I hope he's ostricized in his personal life.
Almost saved her, maybe he can be found almost not guilty
HA HA, nice one.
Unfortunately, this is COMPLETELY NORMAL behavior by NYPD officers. There are bars in Queens filled w/ off-duty cops drinking like mad-men, and then they drive off to home or work. It is totally understood that if an incident happens they will be shielded by thier cohorts. This is beyond outrageous but its the system that has been in place for decades, and no amount of public grandstanding will EVER change it. And the lawyer? Well, hes a bloodsucking lawyer, what do you expect?
Is this really true.. that cops drink a cop bars... where are these bars and why doesntthe media do somethingabout it. cant they tail them or call police on them when they leave.... how is this even possible?
Im beginning to become more frightened of cops then criminals.
maybe the Abner Louema (sp?) and other cases police cases are from drunk cops acting out.
"He's just sad that she's not breathing today"
Of course he is. If she were still breathing he would be facing charges much less serious.